Clement v. Knights of Maccabees of the World

Citations

• 113 Miss. 392
• 74 So. 287

Syllabus

<p>1. Death. Presumptions. Seven years’ absence.</p> <p>The presumption of death arising from absence for seven years without being heard of does not prove that death occurred at any particular time prior to the expiration of the seven years, and if it is essential to the case of any litigant to show that the absentee died at any particular time prior to the lapse of the seven years, the burden of proof is upon him to establish this fact by competent testimony.</p> <p>2. Fraternal Benefit Insurance. Burden of proof.</p> <p>Before the beneficiary of the policy of a member of a fraternal insurance order could recover thereon, it was incumbent on her to show not only that the insured was dead, but that he died while the policy was in force.</p> <p>3. Fraternal Benefit-Insurance. Void stipulations in policy.</p> <p>The by-laws of a fraternal insurance association, stipulating that absence shall raise no presumption of death is invalid because in contravention of our statute and the public policy expressed therein.</p>